Section 84Part 7 — Control of Road Users
Breath tests
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84. (1) Where a constable has reasonable cause to suspect —
that a person who is supervising a learner driver of a vehicle on a road has consumed alcohol and the learner driver, while under that person’s supervision, committed a traffic offence while the vehicle was in motion;
that a person driving or attempting to drive or who is in charge of a vehicle on a road has consumed alcohol and committed a traffic offence while the vehicle was in motion;
that a person has been driving or attempting to drive or has been in charge of a vehicle on a road or has been supervising a learner driver of a vehicle on a road after consuming alcohol;
that a person has been driving or attempting to drive or has been in charge of a vehicle on a road and committed a traffic offence while the vehicle was in motion; or Traffic Act (2026 Revision) Section 84 c Revised as at 31st December, 2025 Page 61
that a person is supervising a learner driver of a vehicle on a road and that the learner driver, while under that person’s supervision, committed a traffic offence while the vehicle was in motion, that constable may, subject to section 86, request that person to provide a specimen of breath for a breath test by a portable alcohol-in-breath measuring device.
Where an accident occurs owing to the presence of a vehicle on a road, a constable may, subject to section 86, request a person whom that constable has reasonable cause to believe —
was driving;
was in charge of the vehicle; or
was supervising a learner driver of the vehicle, at the time of the accident, to provide a specimen of breath for a breath test by a portable alcohol-in-breath measuring device.
A person may be requested under subsection (1) or (2) to provide a specimen either at or near the place where the request is made.
A constable shall, on requiring a person to provide a breath test under this section, warn that person that a failure to provide the breath test may render that person liable to prosecution.
A person who, without reasonable cause, fails to provide a specimen of breath when requested to do so under this section, commits an offence and is liable on summary conviction —
on a first offence, to a fine of one thousand dollars or to imprisonment for a term of six months, or to both;
on a second or subsequent offence, to a fine of two thousand dollars or to imprisonment for a term of twelve months, or to both; and
in addition, on a first or subsequent offence, to disqualification from driving for a period of twelve months or such longer period as the court may order.
A constable may arrest without a warrant a person whom that constable has reasonable cause to believe has committed an offence under subsection (5).
A constable may arrest a person without a warrant if, as a result of a breath test taken under this section, that constable has reasonable cause to suspect that the proportion of alcohol in that person’s breath or blood exceeds the prescribed limit. Section 85 Traffic Act (2026 Revision) Page 62 Revised as at 31st December, 2025 c